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Is it possible for an individual to deprive another of liberty?

Glendale, Madison, WI |
Filed under: Lawsuits and disputes

If so, is there civil liability?

Attorney Answers 3

Posted

Yes, and yes. See link below.

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L. Maxwell Taylor

L. Maxwell Taylor

Posted

Another scenario is "false imprisonment," for which civil liability also exists, as a general principle of law. http://injury.findlaw.com/torts-and-personal-injuries/false-imprisonment.html I cannot speak to the law of Wisconsin, however, as I don't practice there. This is just a general principle of law. Consult Wisconsin counsel if you need legal advice. I practice in Vermont ONLY.

Posted

Anything is possible. You'll have to be more specific about your question.

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Asker

Posted

"[Liberty] denotes not merely freedom from bodily restraint but also the right of the individual to contract, to engage in any of the common occupations of life, to acquire useful knowledge, to marry, establish a home and bring up children, to worship God according to the dictates of his own conscience, and generally to enjoy those privileges long recognized at common law as essential to the orderly pursuit of happiness by free men." Mever v. Nebraska, 262 U.S. 390, 399, 43 S.O. 625, 626 (1923). Is there civil liability if an individual (non-government) deprives another of liberty?

Posted

Yes, you may have a civil action for false imprisonment. See Laska v. Steinpreis, 69 Wis. 2d 307, 231 N.W.2d 196 (1975).

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